projetos
BGE 2 I 312 ΓÇó Legitimation by subsequent marriage requires the parents to marry
BGE 2 I 312Coletânea oficial do Tribunal Federal (BGE) / Volume I23 de set. de 1876Dismissed
Christian Stalder sought an order compelling the municipality of Rüegsau to recognize as legitimized a boy born to his wife before their marriage. Stalder admitted he was not the child's father. The Federal Court held that legitimation by subsequent marriage requires that the child's natural parents marry each other. Because that condition was absent, the child could not be legitimized by Stalder's marriage and could only potentially be adopted under cantonal law. The complaint was dismissed as unfounded.
Art. 54 BV; legitimation of a child born out of wedlock by subsequent marriage presupposes the marriage of the child's natural parents. Legitimation consists in the child acquiring the status of a legitimate child vis-à-vis both parents, including entry into the father's family, name, and citizenship. Where the husband expressly denies paternity, the child is not legitimized by his marriage to the mother; at most, adoption may be considered, but its admissibility and conditions are governed exclusively by cantonal law (consid. 1).